East Lancashire Hospitals NHS Trust Procurement Guide How to Order Goods & Services June 2011 1 East Lancashire Hospitals NHS Trust Procurement Department Customer Procedures Guide – An Introduction From identifying the need to order goods or services – to those goods and services being available to you at point of use, can involve numerous people or stages of activity. At each stage there is a risk of error and delay. The simple task of ordering goods and services can become problematic, with a risk to the quality of your service and to patient care, if goods and services are not available to you when you need them. There is often a perception that the process of ordering goods and services can be bogged down in bureaucracy, more often than not because of a lack of understanding of the procedures that must be followed and the reasons why these procedures exist. They exist to ensure that value for money is obtained in spending all public funds and that this expenditure is appropriately managed. As all members of staff are directly or indirectly affected by the Procurement Department’s activity, this document offers guidance in the operation of procedures which should aid understanding of the stages involved in procurement of goods and services. This guide forms part of and is consistent with the Trust’s Standing Orders and Standing Financial Instructions. All staff involved in the obtaining of goods, works and services of any description must ensure they have read and comply with this guide and the following documents:1. Trust’s Standing Orders, Standing Financial Instructions and Scheme of Delegation. 2. NHSE HSG(93)5 – Standards of Business Conduct for NHS staff. The guide is intended to be customer friendly whilst still incorporating the basic rules to be complied with. I hope you find it a helpful guide – please keep it to hand. I welcome your comments on how we can improve for any future issues. Linda Longton Head of Procurement Telephone: 01254 732519 (ext 82519) e-mail: linda.longton@elht.nhs.uk website: www.elpd.elht.nhs.uk 2 East Lancashire Hospitals NHS Trust Procurement Department Customer Procedures Guide Contents 1. Page The Procurement Department Procurement Landscape Who Are We? Structures What Do We Do? 2. The Trust’s Rules 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 3. 5 6 8 9 10 Authorisation Competition Quotations and Tenders Waiving of Competition Single Tender Waiver Guidance Notes Official Orders Delegated Ordering Delegated Purchasing 10 10 11 12 12 13 13 13 Procurement of Goods and Services from Companies 13 3.1 13 16 17 19 19 19 20 20 20 20 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 4. 5 General Background Service Continuity Flowchart Ordering Arrangements Contract Law Contract Law – “Do’s and Don’ts” Completing a Non Stock Purchase Requisition Expediting Orders Purchasing Goods from Charitable Funds Visits by Companies’ Sales Representatives Trials of Equipment and Consumables Obtaining Goods from NHS Supply Chain (Runcorn Warehouse) 21 4.1 4.2 4.3 4.4 21 21 22 22 General Delivery and Requisition Schedule Emergency Orders On-line Ordering 3 5. 6. Goods Receiving Procedure 22 5.1 5.2 22 23 Goods Return Procedure 6.1 6.2 7. 8. Receiving Stock Items from NHS Supply Chain Receiving Direct Supply Items 23 Returning Goods to NHS Supply Chain (Runcorn) 23 Returning Goods to Suppliers 24 Responsibilities 24 7.1 7.2 24 25 Of Procurement Staff Of Customers Procedure for High Value Procurement 26 8.1 8.2 8.3 8.4 8.5 8.6 26 26 27 27 28 28 Introduction Authorisation Competition Audit Trail Procedure and Business Case submission Report to the Director of Finance 9. Sponsorship 29 10. Disposals 29 Appendix 1 NHS Supply Chain Out of Hours Service 31 Appendix 2 Bribery Act Compliance – A Guide 33 Appendix 3 Procedure for Disposal/Sale of Surplus Assets 36 Appendix 4 Key Performance Indicators – ELHT 43 4 1. The Procurement Landscape Regional Body, Undertake Contracting for A group of Organisations National Body, Undertake National Body Corporate Contracts available to the NHS Cohort of Acute Trusts working to standardise product /services ranges Central team liaising with all bodies first point of contact Contracting for A group of Organisations NHS SBS CPS GPS CMU Government Procurement Service Commercial Medicines Unit SAP Cohort 10 NHS Supply Chain Commercia l Operating Model Local Procurement Team ELFS (P2P) CHT ABS Software Solution System Provider for Finance and Procurement National Body, Negotiate National Contracts Shared Financial Service Partner Calderdale & Huddersfield Trust Trust Group model partner 5 Who We Are The Procurement Department incorporates Purchasing/Contracts, Customer Services, Purchase Order Processing and e - Enablement. The Procurement service is provided to East Lancashire Hospitals NHS Trust and to eight other Trusts by means of a service level agreement: Lancashire Care Foundation NHS Trust (LCFT) Calderstones Partnership Foundation NHS Trust (CPFT) NHS East Lancashire (NHSEL) NHS Blackburn with Darwen (NHS BWD) NHS Blackpool (NHSBPOOL) NHS North Lancashire (NHS NLANCS) NHS Central Lancashire (NHSCLANCS) NHS Northwest (NHSNW) The department is based at Royal Blackburn Hospital. Tel: Fax: 01254 733173 - External & 83173 - Internal 01254 732829 – External & 82829 – Internal 82519 Linda Longton Head of Procurement Customer Services via Helpdesk Jade Biggs – Procurement Assistant Munir Rasul - Procurement Assistant Nafeesa Patel (Stock) - Procurement Assistant Main Helpdesk - 01254 733173 - External & 83173 – Internal Email: procurementhelpdesk@elht.nhs.uk Stock Helpdesk - 01254 733033 - External & 83033– Internal Email: procurementstockhelpdesk@elht.nhs.uk Departmental Website: www.elpd.elht.nhs.uk The main responsibilities of Customer Services are to provide a responsive Customer Service Helpdesk facility as the frontline for advising, taking and resolving routine problems. They are also responsible for all NHS Supply Chain requirements including Logistics Online (LOL) their dedicated online ordering service accessed via http://my.supplychain.nhs.uk 6 Contracts Team Mandy Hanson – Deputy Head of Procurement - Contracts Paul Stacey – Senior Buyer John Nelson – Senior Buyer Sandra Cockell – Lead Buyer/Catalogue Manager Michelle O’Brien – Lead Buyer /Catalogue Manager Sue Maudsley – Lead /Buyer Shaz Azam – Procurement Analyst Sam Whitney – Procurement Assistant The Contracts Team manage and organise all contract activity relating to non pay expenditure across a wide variety of goods and services. Tasks include the management of tenders and quotations, contract implementation and supplier management whilst ensuring compliance with Trusts’ Standing Financial Instructions and, relevant European Purchasing legislation. e-Enablement & Operational Team Diane Mitton – Deputy Head of Procurement Service Development Samantha Crompton – e Enablement Administrator Janet Rawcliffe - e Enablement Administrator Lois Fitzpatrick – Quality & Standardisation Officer Annemarie Morris – Operational Team Leader Christine Smith – Procurement Assistant Judith Watson – Procurement Assistant Judith Lord – Procurement Assistant Leah Carter – Procurement Assistant Lynn Mitchell – Procurement Assistant The e-Enablement Team implement and manage the electronic purchase order module which enables trusts to select, requisition, approve, order, receipt, match and pay for goods and services electronically. The Operational Team process paper requisitions, police adherence to Standing Financial Instructions and Trusts delegated limits. 7 Departmental Structures East Lancashire Procurement Department Linda Longton Head of Procurement Julie Haworth Mandy Hanson Administration Support Deputy Head of Procurement Contracts & Supply Chain Manager Diane Mitton Deputy Head of Procurement Service & Business Development Manager Shahzad Azam Procurement Analyst Lois Fitzpatrick Quality & Standardisation Officer Paul Stacey John Nelson Senior Buyer Senior Buyer Janet Rawcliffe Sam Crompton Anne Marie Morris Operational Team Leader e-Enablement Administrator Sue Maudsley Tony Duree Andrea Ingham Sandra Cockell Michelle O'Brien Christine Smith Judith Watson Judith Lord Leah Carter Jade Biggs Nafeesa Patel Munir Rasul Husnain Sharif Lead Buyer Lead Buyer Sam Whitney Procurement Assistant Linda Longton Mandy Hanson Paul Stacey John Nelson Andrea Ingham Sue Maudsley Tony Duree Sandra Cockell Michelle O'Brien Shahzad Azam Ssm Whitney Michael Prest Receipts & Distribution Procurement Assistant 01254 732519 ext 82519 01254 733176 ext 83716 01254 733517 ext 83517 01254 733006 ext 83006 01254 732738 ext 82738 01254 732432 ext 82432 01254 732430 ext 82430 01254 735955 ext 85955 01254 732034 ext 82034 01254 732423 ext 82423 01254 732436 ext 82436 Enquiry lines: Diane Mitton Lois Fitzpatrick Janet Rawcliffe Sam Crompton Anne Marrie Morris Receipts & Dist Dept 01254 733170 ext 83170 01254 733171 ext 83171 01254 735954 ext 85954 01254 732218 ext 82218 01254 732433 ext 82433 01254 734824 ext 83074 Procurement Faxes 01254 732829 ext 82829 Receipts & Dist Fax 01254 293241 ext 42241 Helpdesk Stock Helpdesk 01254 733173 ext 83173 01254 733033 ext 83033 e-mail addresses for the whole department:-:Helpdesk e-mail address - all enquiries procurementhelpdesk@elht.nhs.uk procuremenstockthelpdesk@elht.nhs.uk procurementrequisitions@elht.nhs.uk first name + surname@elht.nhs.uk (example: linda.longton@elht.nhs.uk) East Lancshire Hospitals NHS Trust, Procurement Department, Park View Offices, Royal Blackburn Hospital, Haslingden Road, Blackburn, Lancahsire. BB2 3HH East Lancashire Procurement Department Contracts Team Mandy Hanson - Deputy Head of Procurement - Contracts & Supply Chain Manager - 01254 733176 / Ext 83176 Patient Care / Business Services John Nelson - Senior Buyer - 01254 733006 / Ext 83006 Michelle O'Brien - Lead Buyer - 01254 732034 / Ext 82034 Sandra Cockell - Lead Buyer - 01254 735955 / Ext 85955 Mark Robinson - Lead Buyer - 01254 732610 / Ext 82610 Diagnostics (DAT's) / Theatres Paul Stacey - Senior Buyer - 01254 733517 / Ext 83517 Sue Maudsley - Lead Buyer - 01254 732432 / Ext 82432 Tony Duree - Lead Buyer - 01254 732430 / Ext 82430 Sam Whitney - Procurement Assistant - 01254 732436 / Ext 82436 Patient Care / Business Services Diagnostics (DAT's) / Theatres Patient Care Business Services DAT's Theatres Food I.T. Capital Orthopaedics & Trauma Audiology Corporate Capital Planning General Surgery & Vascular Facilities Business Services Maintenance Cardiology Medical & Ophthalmology Human Resources Leasing Urology Cancer Services Governance Pathology Head & Neck & Plastic Surgery Diabetes Finance Radiology Anaesthetics & Critical Care CAMHS Pharmacy Paediatrics & Neonates Obstetrics Therapies & Orthotics Gynaecology Theatres Gynaecology & Sexual Health Clinical Outpatients Endoscopy, Theatres & Day Surgery Elderley Care, Rehab, Stroke & Neurology Emergency Dept / Urgent Care 8 What do we do? Procurement has the responsibility for the purchasing of all goods and services on behalf of its customers. The only exception is pharmacy procurement which is managed through National and Regional Pharmacy networks. The contact for these services would be Neil Fletcher. This purchasing function must be carried out in accordance with each Trust’s Standing Orders and Standing Financial Instructions. There must also be compliance with the European Union’s Directives for the purchasing of goods and services. Separation of Responsibilities The Trust must also ensure appropriate “separation of responsibilities” in its procurement of goods and services. This is a public sector requirement to avoid the possibility of fraud by ensuring that the person who identifies the need to order goods and services is not the same person who undertakes the purchase, who in turn, is not the person who pays for them. All of this is controlled by the Trust’s Standing Orders, Standing Financial Instructions, Budgetary Control Policy (Authorised Signatories) and EU Directives. SO, WHAT WE REALLY DO…. Is to manage customers’ commercial activity to ensure there is compliance with the above, optimising value for money across all contracts and eliminating commercial and corporate risk. In so doing, we create an Audit Trail which provides an Auditor with evidence that all procedures have been followed and complied with. “WE PROTECT THE PUBLIC PURSE AND THE PUBLIC PERSON (i.e. YOU) IN COMMERCIAL ACTIVITY” 9 2. 2.1 The Trust’s Rules Authorisation List of Authorised Signatories Goods and services can only be requisitioned by a member of staff authorised to do so. They must be Budget Managers or specifically authorised by their Budget Manager to approve requisitions. A copy of their signature must be held in the Procurement Department on the finance approved ‘List of Authorised Signatories’. With regard to eprocurement the hierarchy and budget approval are signed off by the appropriate business accountant and business manager and the system hierarchy is built to reflect the divisions requirements. Authorisation Levels / Scheme of Delegation The Trust’s Authorised Signatory list defines expenditure levels at which authorisation must be given for the purchase of goods and services. Keep a copy of the current Authorised Signatory list for your Division. Each Division has the responsibility to ensure the list is kept up to date by informing their Finance lead of all changes required. The Procurement Department will obtain Quotes/Tenders on your behalf. Orders cannot be placed until appropriate authorisation is received. However, the obtaining of quotations and tenders can take place prior to authorisation, to help preparation of a business case – or to speed up a complex procurement. If you are unsure about the level of authorisation you hold your Divisional Financial Accountant or Finance Lead can provide a copy of your Divisions Scheme of Delegation. 2.2 Competition Standing Orders and Standing Financial Instructions set out the rules within which the Trust’s Directors and staff must operate. 1) The Director of Finance will advise the Board regarding the setting of thresholds above which quotations of formal tenders must be obtained. These thresholds are set as follows: Trust ELHT LCFT CPFT NHSEL NHS BWD NHSBPOOL NHS NLANCS NHSCLANCS NHSNW Quote Limit £5,000 £10,000 £5,000 £10,000 £10,000 £5,000 £5,000 £10,000 £15,000 Tender Limit £25,000 £50,000 £20,000 £50,000 £50,000 £50,000 £100,000 £50,000 £25,000 10 2) Managers must ensure orders and requisitions shall not be split or otherwise in a manner devised so as to avoid the financial thresholds specified by the Board or those directed by the European Union. EU Directives state that adverts must be placed in the Official Journal of the European Union (OJEU) if the value of the goods or services is above £101,323 excluding vat over the lifetime of the contract. Staff involved in the procurement of this value need to be aware of the significant timescales involved in following EU Directives. Advice from the Head of Procurement should be sought at an early stage, failure to comply with these rules can result in legal challenges form external sources and subsequent fines imposed by the EU Commission and the efficacy and reputational standing of the Trust is compromised. All business should be advertised and competition invited to evidence and demonstrate value for money. A set of procedures underpin this principle. The Procurement Department operate an electronic contracts portal to advertise Trust business to the marketplace. 2.3 Quotations and Tenders Procedure It is not just the obtaining of quotations and tenders which is a requirement of the Trust, but also the procedures that surround their receipt and opening. To guarantee separation of responsibility and public accountability, the Procurement Department must invite quotations and tenders on behalf of Budget Managers on approved Trust documentation. This helps guarantee under contract law, that any orders placed are subject to the NHS Standard Conditions of Contract, in preference to supplier terms and conditions. It also allows inclusion of any special contract requirements that the Trust may have. The opening of tenders is against a time deadline and must be carried out by persons other than the person who has an interest in the particular procurement. Two people, as designated by the Chief Executive, are responsible for the formal opening and certifying of tenders received. These officers must not be from the originating Division (see Standing Orders – Tendering Procedure). Evaluation In many cases, value for money will be the deciding factor for award of business. However, there are a number of goods and services, especially high value, where the evaluation criteria need to be extended to include other factors e.g. standardisation, technical advantage and patient quality issues. The evaluation criteria should be identified prior to quotations and tenders being issued. Where the lowest price is not to be accepted, a written record must be provided of the reason for that decision. Any such decision must be approved by the Board or its nominated officer 11 2.4 Waiving Competition Value for money is the common responsibility of Trust staff. The need to prove value for money is satisfied by obtaining competition and carrying out a full cost option appraisal. It is the Trust’s aim to avoid the need to waive Standing Financial Instruction and Standing Order requirements for competition. 2.5 Single Tender Waiver Guidance Notes for staff REGARDING THE COMPLETION OF AN APPLICATION TO ACCEPT A NON COMPETITIVE QUOTATION 1. It is a requirement of the trusts Standing Financial Instructions that the purchase / lease of all goods and services is subject to competitive Tender / Quotation. In circumstances where this requirement is to be set aside the attached application form must be completed by the requisitioning officer / budget holder with all supporting documentary evidence attached. 2. Circumstances where Tender / Quotation procedures can be waived are; 3. i. Where the Chief Executive decides that formal tendering procedures would not be practicable or the estimated expenditure or income would not warrant formal tendering procedures, and the circumstances are detailed in an appropriate Trust record. ii. Where the timescale genuinely precludes competitive tendering but failure to plan the work properly would not be regarded as a justification for a single tender. iii. Where specialist expertise is required and is available from only one source iv. When the task is essential to complete the project and arises as a consequence of a recently completed assignment and engaging different consultants for the new task would be inappropriate v. There is a clear benefit to be gained from maintaining continuity with an earlier project. However in such cases the benefits of such continuity must outweigh any potential financial advantage to be gained by competitive tendering. Waiver Procedure a. The Requisitioning Officer must complete all parts of Section 1 of the Application Form. b. The Budget Holder must sign the form where indicated. Failure to do so will result in the Application Form being returned unauthorised. 12 2.6 c. The Application Form along with the Requisition must be forwarded to the Procurement Department who will quality assess the application. Any application which is not fully completed or which does not provide appropriate supporting documentation will be returned unauthorised. d. The Procurement Department will forward the Application Form and Requisition to the Chief Executives office for authorisation by the Chief Executive or Director of Finance. e. The Application Form and Requisition will be returned to the Procurement Department for processing. Official Orders Goods and services can only be ordered via the E Financials/E Procurement Purchase Order system and Pharmacy Ascribe system. Responsibility for purchasing rests solely with the following officers who are responsible for ensuring compliance with Standing Orders and Standing Financial Instructions: 1. Head of Procurement 2. Director of Estates 3. Director of Pharmacy The placing of official orders is also a method of ensuring that NHS Conditions of Contract are in place. 2.7 Delegated Ordering The Head of Procurement can delegate the ordering of goods and services available on contracts agreed / formalised by the Procurement Department to customers in accordance with Procurements policy on Delegated Ordering. Certain criteria have to be met for this to be introduced. 2.8 Delegated Purchasing Only Procurement staff has the responsibility within the rules to undertake purchasing activity which requires the negotiation of prices with a supplier. 3. Procurement of Goods and Services from Companies 3.1 General Background Procurement i.e. the process of obtaining goods and services includes several stages: Identifying the need Completing and authorising a requisition ( electronic) Sending the requisition to Procurement ( electronic) 13 Procurement activity Delivering the goods Recording the Goods Received Note (GRN) Payment to the Supplier Much of the ‘pain’ that can be experienced in obtaining goods can be avoided by requisitioning in a time frame which allows for all the above processes to take place and allow delivery before need. For higher value goods which require quotations and tenders, the earliest involvement of the Procurement Department will help reduce the time frame. Competitive quotations can add a minimum of two weeks to the processing time of an order. Competitive tenders can add a minimum of six to eight weeks to the processing time of an order. Tenders in line with EU Directives will add a minimum of 16 weeks to the process of placing an order. Therefore, early contact with your Procurement Department is essential if the value of your contract period exceeds £101,323. Any medical or scientific products which are to be used in patient and laboratory areas will be subject to a pre-purchase questionnaire (PPQ) which has to be completed by the supplier and approved by the appropriate Technical Officer (E.B.M.E. Department), together with statements regarding decontamination. This can add further time to the processing of an order. Following receipt, these products are subject to Acceptance Testing prior to being released for use. The adherence to National / Regional / Local contracts will normally be recommended where there are demonstrable benefits e.g. value for money, product standardisation, expediency. Low Value Orders Where e-requisitioning is not available it is essential to consider that the cost of generating an order is estimated to be approximately £75. Customers should avoid raising purchase requisitions for goods of low value wherever possible – especially for regularly used items. If you would like to discuss this or have a problem in this area, please contact the Procurement Department. High value Orders see flowchart 14 AUTHORISERS RESPONSIBILITY: Goods and services should be ordered via a requisition, this should be fully completed with as much detail as possible. Ensure that it is correctly procured in line with your Standing Financial Instructions (SFIs), authorised by correct signatories and that there is sufficient budget to cover the total cost (delivery charges/consumables, VAT etc). Ensure That the correct financial code is on the request and that the delivery address is clear. On receipt of the goods ensurecorrect goods and quantity have been delivered. Sign the delivery note and receipt the order in e-Financials. For up to date prices please telephone ELPD, as often the NHS will receive a discount on the printed price Non-Stock Ordering of Goods and Services Value of Contract/Spend £5,000 - £25,000 Value of Contract/Spend £25,000 - £100,000 Value of Contract/Spend OJEU (currently £101,323) - £199,999 Contact East Lancs Procurement Department (ELPD) for advice and assistance on quotes and tenders Check with ELPD for a NHS Shared Business Services Commercial Procurement Solutions (SBS CPS)), NHS Supply Chain (NHSSC), Office of Government Commerce (OGC) or local agreement already in place. And if so, request to procure your requisition quoting the contract/framework number. Otherwise: Formal tender procedures may be waived by officers to whom powers have been delegated by the Chief Executive under certain circumstances. Please refer to the Breach and Waiver procedure. In line with European Procurement Law, tenders above the OJEU threshold may need to be advertised within the EU. ELPD will advise on a case by case basis. Please note YOU CANNOT WAIVER OJEU. Otherwise: Obtain 3 written quotes to find best value supplier Obtain minimum of 3 formal tenders to find best value supplier Once best value supplier has been established raise an requisition via the ELPD attaching supporting evidence of your contracting process and award DO'S: Send your requisition to ELPD in plenty of time (there is a 5 day processing time at ELPD) Plan large tenders well in advance - EU procurement exercises can take 4 - 6 months to complete and should ideally be brought to ELPDs attention in the prior fiscal year to facilitate work planning Be aware when wavering, the requisitions must have the waiver attached (see SFIs) DON'TS: Ask Suppliers to supply goods or services without having an official order from ELPD Submit a requisition without the full requirements of the order or the correct authorisation Commit the Trust to expenditure without following the SFIs Sign and return delivery notes and receipt goods orders onto e-Financials Annotate the requisition with the contract, framework or capital scheme number, where appropriate Sign delivery notes/invoices without first checking the goods have been delivered and are as per the order Contacts: ELPD Non- Stock Helpdesk 01254 733173 procurementhelpdesk@elht.nhs.uk 15 Business Continuity Process The flowchart below describes how to order goods and service via the procurement dept in the case of system or telephone failure or other unforeseen event whereby service disruption has occurred. Emergency service continuity flowchart: EAST LANCASHIRE PROCUREMENT SERVICE PROCESS FOR ORDERING GOODS/SERVICES DURING A MAJOR INCIDENT STEP 1 Are electronic ordering systems operational? YES – Continue with automated process NO – Liaise with Procurement in person or via mobile phone number 07921 373394 STEP 2 Is your requirement available via the NHS Supply Chain Catalogue? YES NO STEP 3 STEP 3 INPUT YOUR REQUEST IN THE NORMAL WAY PROVIDE THE CORRECT INFORMATION FOR ORDERING GOODS The following information must be provided in full. Failure to comply with these instructions could result in failure to place your order/receive your goods o o o o Correct Organisation/Trust Correct transfer point and department name Full details of your requirements – NPC code (catalogue number) unit of issue, quantity required Name and contact details of the requisitioner and authoriser. The following information must be provided in full. Failure to comply with these instructions could result in failure to place your order/receive your goods o o o o o o o Correct Organisation/Trust Correct transfer point and department name Correct financial code Full details of your requirements (item description, price, quantity, unit of issue, and name of supplier - if known) Name and contact details of the requisitioner. Correctly authorised by the authorised signatory/budget holder Preferred Delivery Date (delivery is typically 3-6 weeks for non-stock items. This could be longer at financial year end therefore a lengthy notice period is advisable) Please provide/attach copies of quotations/samples etc. if applicable. Liaise with Procurement if you require assistance. STEP 4 ENSURE COMPLETED REQUISTION IS DELIVERED TO THE PROCUREMENT DEPARTMENT Send/Take the request to Procurement. Retain a copy for your own records **Please be aware of Standing Financial Instructions relating to the value of your order** STANDING FINANCIAL INSTRUCTIONS Value Process Required >£5,000 Verbal Quotation £5,000 - £25,000 Minimum 3 Quotations £25,000 - £100,000 Minimum 3 Tenders STEP 5 PROCUREMENT PLACE ORDER Return information to Procurement Procurement Trust Once Procurement have placed your order with the supplier, you will receive notification, including any order number. If notification is received via e-mail, please retain this e-mail for your records and quote the purchase order number if you need to speak to Procurement regarding any aspect of your order. 16 3.2 Ordering Arrangements 1. Routine Purchase Requisition The majority of orders fall into this category. ELHT and NHS Blackpool now use electronic ordering via E procurement to raise its purchase orders/requisitions, where possible all goods and services should be ordered via E Procurement via your log on. If you don’t have a user name and password for E Procurement then please contact Sam Crompton (01254 732218 ext 82218) or Janet Rawcliffe (01254 735954 ext 85954) A requisition for goods or services must be raised via the Trusts purchase order system. For Trusts not using eProcurement paper requisitions must be raised and sent to Procurement for processing 2. Computer Equipment All requests for any type of computer equipment must be forwarded to the relevant IT department. Any request received in the Procurement Department will be returned to the Division. IT can be contacted by ringing 83135 (01254 733135) alternatively Trust employees can access a template e-mail ‘mail IT helpdesk’ via the ELHT Mail Shortcuts folder on their desktops. 3. Capital Expenditure >£5,000 for East Lancashire Hospitals NHS Trust In general all equipment over £5,000 is defined as Capital expenditure. Successful bids at the Medical Equipment Committee should be followed up early by contacting the Procurement Department to agree the most appropriate purchasing process and timescales. Approval for funding does not mean approval to purchase. Capital expenditure is still subject to competitive quotations and tenders. Requests to League of Friends for funding medical equipment must be forwarded to the Procurement Department and not be submitted independently. (Please refer to the Trust Finance Policy reference F18 Financial Investment/Disinvestment Policy for further information.) 17 4. Maintenance Contracts The Trust has assigned the maintenance quotes system to Leaseguard: Agreed process Contract Expiry Date Approaches Leaseguard will contact the named Technical contact to discuss contract requirements. If you are not the Technical contact please refer back to Sue Maudsley. Leaseguard then Negotiate and write Contract Proposal Leaseguard then send Contract Proposal to Trust To agreed all Approvers Approver queries proposal Approver accepts proposal Approver rejects proposal Budget Holder to organise for requisition and purchase order to be raised Copy of Purchase Order to be sent to Leaseguard 18 3.3 Contract Law Official orders, in line with Standing Financial Instructions, contain the NHS Standard Conditions of Contract for the Purchase of Goods. All commercial activity is covered by contract law. Conditions of Contract lay out the rules which govern a transaction and offer protection in law should there be a problem in the transaction. All orders placed on behalf of the Trust must be subject to the NHS Standard Terms and Conditions, or any specific Terms and Conditions which the Trust wishes to impose. Any variance to these conditions must be agreed in writing prior to an official order being placed. Suppliers will try and impose their own Conditions of Sale which may disadvantage the Trust both financially and in law. Care must be taken to ensure that Trust Terms and Conditions remain in force. Formal invitations to submit tenders and quotations on Trust stationery ask suppliers to submit prices subject to NHS Standard Conditions of Contract. An order placed against this submission will maintain our advantage. However, the receipt and acceptance, even by reference, of a company’s acknowledgement of order can negate the Trust’s rights. Acceptance of a quotation on a company’s letterhead can also disadvantage the Trust. 3.4 Contract Law – “Do’s and Don’ts” Standing Financial Instructions and Standing Orders contain sufficient protections but to help here is a quick guide. 1. Never give a verbal or written commitment to a company for the provision of goods or services. 2. All goods and services should be obtained on an official order following completion and appropriate authorisation of a requisition. 3. Never sign a company lease or contract. The signing of a lease or contract may in fact commit the Trust to expenditure and potentially unfavourable terms and conditions of contract. Such documents should be referred to the Head of Procurement or Director of Finance. 3.5 Completing a Non Stock Purchase Requisition, electronic or Paper The process of obtaining goods and services can be greatly enhanced by you providing good quality and timely information. The minimum information which you must provide on a non-stock purchase requisition or e requisition is: 1. The quantity of the goods you require 2. A full specification of the goods required including catalogue or part number where appropriate. 19 3. When you require the goods 4. The budget code 5.Any special requirements / delivery arrangements Please ensure you include or attach any other information with the requisition which you feel is important for Procurement staff to be aware of. 3.6 Expediting Orders The Procurement Department can expedite your orders on request. You will need as a minimum the following information, a requisition number or an official purchase order number. Serious delivery problems should always be notified to Procurement to assist in effective supplier management. 3. 7 Purchasing goods from Charitable Funds Requisitions for purchase of goods or services from charitable funds must have the relevant budget code on them. If you are unsure of the correct code please seek advice from you relevant finance lead. 3.8 Visits by Company Sales Representatives Numerous Sales Reps visit hospital staff in all disciplines. Their visits can be time consuming, distracting and a cause of pressure. Sometimes they may have useful information to share but more often than not they will be wishing to heavily promote their products and achieve a sale. Only Procurement staff are authorised to conduct purchasing on behalf of the Trust. No commitments to companies should be made by any other staff. Visits by Sales Reps should be discouraged and only conducted when the following apply: 1. An appointment has been made 2. Some perceived benefit from the appointment will result 3. There is no intention to commit the Trust to a purchase – Procurement staff should be involved in all such discussions. East Lancashire Hospitals NHS Trust staff should also refer to Policy (Draft Policy awaiting approval) 3.9 Trials of Equipment and Consumables All equipment required for loan or trial purposes should be arranged by the Head of Procurement or his / her nominated officer. Goods shall not be taken on trial or loan in circumstances that could commit the Trust to a future uncompetitive purchase. Companies will often be keen for the Trust to undertake trials of their products – such trials can appear attractive in 20 the short term but can prove costly to the Trust in the longer term. For a trial to be accepted the following considerations should be made: 1. No commitment to the supplier should be given 2. Is the trial in the genuine interests of the Trust? 3. Is there genuine interest in what is being offered by the supplier? 4. Can I ensure the Trust is fully indemnified against any accidents which may occur due to a fault with the equipment 5. Is there already a standard product available in the Trust? 6. Are there Risk Management issues to consider in use of the product? 7. Are there ethical considerations? 8. Can the Trust fully resource the trial in the manner required by the supplier? 9. Are there any hidden costs associated with an equipment trial e.g. consumables? 10. Involve Procurement to undertake procurement process where serious intention to purchase a product / system. Note Please refer to the Trust intranet to view policy reference C17: Medical Devices Management Policy for further information. A more comprehensive guide on loans/trials can be found on the Procurement Intranet site under ‘Master Indemnity’ 4. Obtaining Goods from NHS Supply Chain 4.1 General This Trust obtains goods from NHS Supply Chain warehouse at Runcorn. There are over 600,000 product lines available in a catalogue which is issued twice yearly in April and October. Just because a product is in NHS Supply Chain catalogue, there is no obligation to order it if it can be purchased at a lower cost elsewhere. However, that lower cost must take into account not only the price but all other costs attached in purchasing the item non-stock e.g. purchasing, receiving, distribution and invoice processing i.e. the total supply chain costs. Seek advice from your procurement department if required. 4.2 Delivery and Requisitioning Schedule 21 NHS Supply Chain delivers to the Trust and each requisition transfer point will have designated times to submit an on line order and to receive the goods requisitioned. NHS Supply Chain warehouse operates on a 48 hour delivery cycle. When you log onto LOL (on line ordering), your allocated delivery day appears after selection of your Trust and the highlighting of your requisition Transfer Point Number. Input and authorisation must be actioned 48 hours prior to your delivery day. For example if your delivery day is Wednesday your order must have been input and authorised by 4.30pm on Monday. 4.3 Emergency Orders NHS Supply Chain operates an emergency order system that can guarantee delivery within 24 hours or less. Their definition of an emergency is a patient related medical emergency and is provided free of charge. However, emergencies brought about by the Trust’s inefficiencies are chargeable and therefore need to be avoided. (Please refer to Appendix 1, NHS – Supply Chain) 4.4 On Line Ordering When placing an order on line it is particularly important to ensure that the correct quantity (unit of issue) is ordered. For instance if you require 100 envelopes and the unit of issue is 50, your requisition should have 2 in the quantity column. Should you put 100 in the quantity column you will receive 5000. 5. Goods Receiving Procedure 5.1 Receiving Stock Items from NHS Supply Chain It is the responsibility of Receipts & Distribution to check that the delivery quantity details in terms of the number of roll cages and the number of tote boxes received are correct. Receipts & Distribution will check the delivery to ensure the correct number of roll cages and tote boxes have been received. It is the responsibility of the ward or department to check that what is in the cages and tote boxes is what was ordered. If there are any inaccuracies the errors must be reported to Procurement within 48 hours of receipt, using the discrepancy report form available via the Procurement Website www.elpd.elht.nhs.uk Failure to report within that time can result in being unable to obtain the appropriate credit. The appropriate value is credited to your transfer point within a few weeks. The return of roll cages and tote boxes is important and every effort should be made to ensure they are available for collection. The Trust’s performance in returning them is measured weekly by NHS Supply Chain. 22 5.2 Receiving Direct Supply Items The Receipts & Distribution Department receives the majority of deliveries to the Trust direct from suppliers and ensures they are formally “Goods Receipted”. Some departments are the exception to the above as they can be very specialist / technical in nature and are resourced to receive goods direct. They should receipt the delivery on E Financials in a timely manner. It is the responsibility of every delivery point to ensure that: 1. The goods received match the Supplier’s Delivery / Advice Note. 2. The goods received match those on the Purchase Order re: the quantity and specification. 3. The goods are not damaged or incomplete. If there is a discrepancy the Procurement Department should be asked to assist in remedying the situation.. 4. A Goods Received Note (GRN) entry is made on the E Financials system within 24 hours of receipt. 5. No signature should be provided for Goods Received which are inaccurate or damaged. If insufficient time is available then the Delivery Note should be clearly marked as “UNCHECKED” adjacent to a signature. 6. Goods Return Procedure 6.1 Returning Goods to NHS Supply Chain (Runcorn) The return of goods to Runcorn is usually for one or two reasons, a mistake in ordering or an error in delivery. The two must be considered separately as a mistake in ordering can result in a 15% return charge whilst a delivery error is dealt with free of charge. Goods to be returned must exceed a value of £10. Returns must be submitted on the Return of Goods to NHS Supply Chain form available on the Procurement Website www.elpd.elht.nhs.uk For goods to be returned to Runcorn they must be resalable which means they must: Be well within their sell by date Have unbroken packaging Not have writing on the packaging Be a complete unit of issue 23 Where the reason for return is due to error by NHS Supply Chain it is important you notify the Procurement Department within 48 hours of receipt by completing the discrepancy form available on the Procurement Website www.elpd.elht.nhs.uk The following procedure must be followed to ensure that credit is received. 1. Complete the Return of Goods form with the following information: Reason for return Your requisition number against which delivery was received Catalogue number (NSV Code) Description of product Quantity to be returned 2. Forward the form to the Procurement Stock Helpdesk procurementstockhelpdesk@elht.nhs.uk for validation by the Procurement team. This will then be forwarded to NHS-Supply Chain. 3. You will then be notified of a Returns number and an indication of when to return the goods to Receipts & Distribution. Under no circumstances should the goods be returned to Receipts & Distribution until you have received authorisation to do so. 4. Once the goods have been collected by NHS Supply Chain, the details verified and the goods returned to stock, the appropriate value is credited to your transfer point. 6.2 Returning Goods to Suppliers Returning goods to suppliers can be more problematic because of the variety of methods they may use to deliver and collect goods. If you have goods to return you should contact the Procurement Department. You will be advised of what action to take. Under no circumstances should the goods be returned to Receipts & Distribution until you have spoken to Procurement. It should be noted that returns due to requisitioning error are likely to incur a cancellation or collection charge by the supplier. 7. Responsibilities 7.1 Of Procurement Staff Procurement staff are experienced and professional. They take pride in striving to provide excellence and value for money in all aspects of the supplies service. The following performance targets are those we adhere to during normal working conditions: 24 1. Purchase requisitions will be processed to purchase order from receipt into the department subject to competitive tendering and quotation procedures and the approval of Pre-Purchase Questionnaires (PPQ’s) for all medical and scientific equipment. 2. Telephone queries to Procurement will be dealt with within one working day. 3. Non-stock deliveries will be distributed within 48 hours of receipt at Stores. 4. NHS Supply Chain deliveries will be distributed within 24 hours of receipt at the Stores. 5. Patient emergencies will be dealt with immediately. These are targets which we set ourselves and are dependent in part to the quality and timeliness of information received from you the customer. Should you identify problems in any of these areas please contact the Procurement Department. 7.2 Of Customers Your Requisitions: It will greatly aid Procurement staff to satisfy your requests accurately and promptly if you can ensure that your requisition contains: A budget code The product code A clear specification and quantity Supplier details where known Reasonable delivery date (ASAP or URGENT is not at all helpful) All relevant background information / quotations obtained Any special instructions e.g. pre-payment, charitable funds etc Special nature of goods / services e.g. COSHH items e-Procurement Requisitions will require the same information to be entered into the system. Please ensure that header and footer are completed before submitting the e-requisition. Your Business Case Submissions Involve the Head of Procurement or Buyer at the outset wherever procurement of goods and services form part of the Business Case. Let us work together to complete the procurement process at an early stage rather than at the end of what may be a protracted period prior to approval of the Business Case. General Enquiries to the Procurement Department 1. Be brief and concise during your enquiry (other callers may be waiting). 25 2. Have all the relevant details to hand e.g. requisition number, relevant dates, supplier information. 3. Check that your call is really necessary – you may already have the answer e.g. copy order details, picking ticket for Runcorn, local stock items. 4. Ensure you record the name of the person you speak to – in case you need to follow up your call for any reason. 5. Ensure we have your contact details and agree with them their timescale to respond back to you if your query cannot be resolved immediately. 8. Procedure for High Value Procurement 8.1 Introduction This guidance is reproduced elsewhere in this guide but is included here to provide a complete procedure. The spending of public funds is governed by two main principles. Public Accountability defines the need to be able to prove to the public, usually through an Auditor, that their money is being spent in an open, honest and economical way. The Separation of Responsibilities requires that the person who wants or defines a need to order goods or services, is not the same person who carries out those activities relating to their purchasing, and is not the person who pays for them. “He who wants shall not order, he who orders shall not pay” All of this is controlled through Standing Orders, Standing Financial Instructions, EU Directives, Delegated Financial Limits (Authorised Signatory Lists) and the e-Procurement authorisation hierarchy. These notes exist to help smooth the process of defining need, complying with both legislation and internal regulations in the procurement of goods and services. 8.2 Authorisation Your attention is drawn to your Trust’s Standing Orders, Standing Financial Instructions, Scheme of Delegation / Authorised Signatories List and e-Procurement authority hierarchy. All those customers involved in the requisitioning of goods and services should be familiar with these. NB 1. Equipment Committee Requisitions – are subject to authorisation in accordance with the procedure for completion of such requisitions. 26 NB 2. Requisitions for Charitable funds – should be clearly marked as such. NB 3. Computer Hardware and Software – all requests should be forwarded to relevant IT Department. NB 4. Medical and Scientific Equipment – procurement will involve satisfactory authorisation by EBME of a pre-purchase questionnaire (PPQ) which the supplier has to complete. NB 5. Capital Expenditure – requires the approval of the Director of Finance or his nominated officer. Authorised Signatory List This is maintained by Finance who is reliant on customers within each Directorate / Department notifying them of any changes – including deletions. Procurement activity will not normally commence until an authorised requisition has been provided. Requests via e-Procurement must be compliant with the authorising hierarchy. 8.3 Competition Formal competitive quotations must be obtained for purchases over the trust’s threshold (see page for thresholds). Formal competitive tenders must be obtained for purchase valued over the trust’s thresholds (see page for thresholds). Advertisements must be placed in the Official Journal of the European Union (OJEU) for all orders valued at £101,323 or over prior to issue of a competitive tender. All of these values exclude VAT. Informal written competition is sought for purchases below trust’s quotation thresholds. In line with the requirements of Separation of Responsibility, the obtaining of tenders and quotations must not be carried out by the person who identifies the need. It is not just the obtaining of tenders and quotations which is important, but the procedures which surround them which include their timed receipt and opening by an independent person. These procedures exist to protect both the public purse and the public person in commercial activity. The seeking of tenders and quotations is the role of the Procurement Department for all goods and services with the exception of Pharmacy products. 8.4 Audit Trail This is the need to make available to an auditor proof that all procedures have been followed and where applicable, written authorisation not to follow these procedures exists. An “Audit Trail” must be provided for each purchase to include the appropriate authorisation to purchase, quotation or tender activity where required, appropriate approval of the purchase order, the receipt of the goods and services and payment, usually in that order. Authorisation to 27 waive competition should be able to be supported by documentary evidence to be kept as a permanent record by Budget Manager and the Procurement Department. The Budget Manager effectively accepts responsibility for the recommendation to waive the need for competition by virtue of their knowledge and experience. 8.5 Procedure and Business Case Submission The following procedure is to be used for high value procurement and should be read in conjunction with the procedure note on Business Cases. A statement of need should be presented taking into account the service benefit and availability of funds. This statement of need should be approved by the Clinical Director. The functional requirement should be defined precisely and with as much detail as possible. At this stage the Procurement Department should be involved. They can comment on the appropriateness of the specification, if required and will be able to advise on and agree with you the proposed sources of supply. They will advise you on the likely timescale for the procurement and any implications of the EU Directives and advise on the correct Procurement Landscape options available. On receipt of formal quotations or tenders Procurement staff will ensure an evaluation process is undertaken in which all Trust staff who need to be involved can participate fully. Procurement staff is committed in seeking to achieve Value for Money on behalf of the Trust and will encourage customers to consider “whole life costs” including maintenance and consumables costs as well as the equipment purchase costs. Customers are advised to consult with Procurement staff at an early stage, prior to Business Case submission (where this is appropriate). 8.6 Reports to the Director of Finance All procurement undertaken which is in excess of £5,000 excluding VAT is reported by the Head of Procurement to illustrate that the Trust’s procurement has in all cases been in conformance with Standing Financial Instructions and Standing Orders. The reports will also demonstrate that value for money has been achieved and will illustrate any incidence where non-competitive quotations and tenders have been sought and the reasons for this. All non-competitive procurement activity is referred by the Director of Finance to the Audit Committee for their information. Please see appendix 4 for detailed General KPI’s information. 28 9. Sponsorship Detailed guidance is provided in HSG(93)5 – Standards of Business Conduct for NHS Staff – which all staff should have a copy of and be familiar with. Significant extracts from the guide are: 1. NHS Staff must - Ensure that acceptance of commercial sponsorship will not influence or jeopardise purchasing decisions. 2. Refuse “Linked Deals” whereby sponsorship of staff posts is linked to the purchase of particular products or supply from particular sources. However, where sponsorship is accepted on the basis that the sponsorship will have no effect on purchasing decisions, monitoring arrangements should be established to ensure that purchasing decisions are not, in fact, being influenced by the sponsorship agreement. As a general guide: Do not: Accept any gifts, inducements or inappropriate hospitality (7-9) Abuse your past or present official position to obtain preferential rates for private deals (15) Unfairly advantage one competitor over another (17) or show favouritism in awarding contracts (18) Misuse or make available official “commercial in confidence” information (29) NB: References in brackets are from NHS HSG(93)5 – Standards of Business conduct for NHS Staff. 3. You may make reference to the Bribery Act introduced on the 1st July 2011 which is the overarching statute with regard to correct practices. (*Appendix 2) If you are still unsure you should contact either the Head of Procurement or the Director of Finance for appropriate advice. 10. Disposal of Surplus / Obsolete / Redundant Equipment Please refer to Appendix 3 to view the Trust Policy on Disposal of equipment. Directorates / Departments should regularly review their assets and identify any items which have become surplus to requirements. Directorates / Departmental Management should satisfy themselves that 29 items are genuinely surplus. Once satisfied you should then notify Procurement of all surplus equipment, ensuring you provide the following basic information: Description - quantity, make, model, age Condition – good, average, poor – working or not working External organisations who may be interested in purchasing the item(s) Electrical equipment needs to have a report from the Estates Department Suitable for sale to staff Suitable for spares only or scrap Budget code to be credited if income generated from sale The EBME department will notify Procurement of all medical equipment for disposal which is identified on their Equipment Management System. You are advised to contact that department initially for all items of medical equipment which are considered suitable for disposal. Procurement staff will endeavour to obtain the best possible price for sale outside the Trust. Competitive quotations will normally be invited except for such circumstances as described in Standing Orders. Transfers within the Trust will not normally be subject to internal re-charge. All sales to staff should be handled by the Procurement Department. Asset registers must be updated to reflect the disposal of equipment. And Finally… Anyone involved in any aspect of the above is welcome to come and visit the Procurement Department to discuss further. Please contact either Linda Longton, Diane Mitton or Mandy Hanson or Lois Fitzpatrick re: specific training requirements. 30 NHS SUPPLY CHAIN Appendix 1 NHS Supply Chain - consistently reliable, flexible, convenient NHS Supply Chain provides a national warehousing and distribution service for consumable healthcare products across the English NHS. We take pride in ensuring that we deliver a high standard of service upon which customers can rely. We deliver the right products to the right place at the right time, whether in support of an individual NHS trust, Primary Care Trust (PCT), a confederation of organisations working together or to private customers who provide services in support of the NHS. Our emergency service - there when you need it... The NHS is a 24/7 organisation that is in constant demand, so when things go wrong it needs 24/7 emergency back up. NHS Supply Chain’s emergency service means that we will always be there when you need us - 365 days a year, 24 hours a day, 7 days a week. Under our emergency service arrangements, we guarantee that we will respond to any major incident or unforeseen circumstance efficiently and rapidly, getting a new or replacement product to you as soon as we possibly can. One phone call to our teams and we will do everything we can to support your organisation, protecting continuity of your service to your patients. In response to an emergency call, we commit to getting any stocked product to you within 5 hours and aim to get Non-stocked products to you by the next working day if not before. (See blue diamond and e-direct in box). All you need to do is give us a call as soon as you become aware of the problem: Non stock products in our catalogue will be marked with a blue diamond or our edirect logo. Blue diamond products are non-stock items but can be consolidated and sent out with your NHS Supply Chain delivery. e-direct products are delivered separately, direct from the supplier Out of hours emergency telephone numbers Runcorn 01928 858531 Normanton 01924 328757 Bridgwater 01773 724221 Alfreton 01773 724048 Rugby 01773 724039 Maidstone 01622 402669 Bury St Edmunds 01622 402662 How to use our emergency service 31 Our emergency service operates in support of your own trust’s emergency response. Office hours If your emergency occurs within normal office hours (i.e. 9am to 5pm), your first point of contact should be your own trust Supplies/Procurement manager/team who will respond to your emergency in the most appropriate way in line with your authorisation procedure. Any need to engage NHS Supply Chain can be done through the normal customer service contact. Out of hours If your emergency happens outside of normal office hours, or at the weekend or on a bank holiday, you must obtain the appropriate permission from an authorising Officer within your trust and follow your trust’s authorisation/on-call procedure. Once authorisation has been obtained, you (or your Supplies/Procurement team depending on your trust’s procedure) should contact NHS Supply Chain using the emergency contact telephone numbers. Our duty security officer will answer and you must clearly state that it is an EMERGENCY SITUATION and that you require an urgent delivery. Before you call, make sure you have the following information: • Authorising officer’s name • Location name and telephone number • Requisition point details • NPC code for each commodity required • Description of product with issue pack size • Quantity required • Delivery point if different from normal delivery location • Precisely when the item(s) are needed. Our distribution centre staff will let you know the details of the transport to be used and estimated time of arrival. Our full emergency service procedure and commitment is detailed on our website, www.supplychain.nhs.uk What do customers think of our emergency service? The 2005 London bombings caused uproar for hospitals in the area, and NHS Supply chain had to hit the ground running: ‘On the day in question, obviously we went into overdrive. The Royal London Inventory management team effectively stopped all other work and ordering to assist with the major incident. We were extremely well supported by all at the Maidstone DC, who assisted to our requests without question. Our emergency orders were delivered into the hospital within four hours, under police escort, which the driver seemed to enjoy! Our thanks go out to the team for their continuing support and assistance.’ Neil Cadywould, Materials Co-ordinator, Royal London Hospital. ‘This morning we had an urgent requirement for our Intensive care unit. We rang NHS Supply Chain and, to our delight, the delivery arrived one hour later. This was an exceptionally quick service by anyone’s standards. Thank you for this excellent customer service.’ Steve Begley, Supplies Manager, Royal Liverpool Children’s NHS Trust, Alder Hey 32 Appendix 2 BRIBERY ACT COMPLIANCE – A GUIDE Overview An organisation can be found guilty of an offence under the new Bribery Act in two broad circumstances: 1. A bribe is given or received directly by the organisation. The offending activity needs to be carried out by a senior person. There is no defence available. 2. A bribe is made by an "Associated Person" on an organisation's behalf. The Associated Person (e.g. an employee or agent) performs services for the organisation and intends to obtain or retain business for the organisation. There is a defence if "Adequate Procedures" are in place to prevent bribery. Therefore, organisations need to put in place procedures to deal with these two situations: 1. So that no-one immediately connected with the organisation makes or receives bribes on the organisation's behalf. This is not a defence per se, but an attempt to ensure that offending activity does not occur in the first place. 2. Putting in place Adequate Procedures to prevent bribery carried on by an Associated Person on an organisation's behalf. These two sets of procedures can be effected in one. Adequate Procedures The following need to be considered: 1. Risk Assessment. Before an organisation puts procedures in place, it needs to understand the risk it faces from bribery. Factors to be taken into consideration include: Internal risks: Do employees understand the new law and what conduct is acceptable / unacceptable? Does a bonus / reward program incentivise employees to engage in inappropriate activity? Does the financial controlling system operate to identify any payments or patterns of payment that may be suspicious? External risks: Operating in a high risk industry (e.g. defence, construction) or a country where bribery is perceived to be a risk (e.g. in Europe, Greece, Italy). Dealing with third parties that perform services on an organisation's behalf e.g. subsidiaries, agents, sub-contractors, joint ventures. Payment of commissions, referral fees, success fees etc whether contractual or not. Payments made to public officials to accelerate an administrative process, sometimes known as facilitation payments. Any other payments made to public officials Payments made by way of political donations, charitable donations, lobbying and sponsorship. Hospitality / gifts given and received. 33 "Payments" includes not just monetary payments, but payments in kind e.g. gifts, entertainment, travel, holidays etc. In assessing those risks, information should be gathered on: Historical payments, hospitality and gifts. The amount and nature of those payments. To whom those payments were made. The timing of those payments e.g. was a payment made to a public official at the same time a company was applying for a permit? The organisation may also wish to conduct a review of its supplier contracts in order that it can ascertain whether payment terms are sufficiently clear and whether appropriate termination provisions are in place. 2. Top-Down Commitment The organisation should demonstrate its commitment not to participate in activity that could be construed as bribery or corruption. This can be demonstrated by means of a Board resolution. In some circumstances, a Compliance Officer can be tasked to deal with antibribery and corruption issues. Further advice can be obtained by contacting the Company Secretary. 3. Anti Bribery and Corruption Policies and Procedures Once the risk assessment is completed, the organisation can start to draft its Policy. Actions must be proportionate to the risks faced. The starting point will be an expression of the organisation's commitment re bribery and corruption and a clear explanation of bribery. The Policy may include guidance on: Corporate Hospitality and Gifts, for example: Before hospitality / gifts are offered, consideration is given to whether it can be demonstrated that this is bona fide e.g. is it for profile raising, to demonstrate products / services, to maintain relationships. Is the hospitality reasonable and proportionate? As opposed to lavish. Is Board sign off required before invites are sent out? Will the organisation require that employees get written permission before accepting hospitality / gifts? What hospitality / gifts are permitted? Is a register kept of such gifts? Advice to employees who may travel overseas on business. The carrying out of enhanced verification checks and other research before engaging in new business relationships. Terms and conditions to be imposed required in contracts in order to protect the business e.g. immediate termination on discovery of corrupt activity. The taking of local professional advice before any agreements are entered into in which services may be engaged outside of the UK jurisdiction. 4. Due Diligence 34 An organisation needs to be sure with whom it is dealing – whether that person is a potential employee or a supplier of services – to ensure that the person can be trusted not to engage in bribery on the organisation's behalf. Suitable pre-contract checks can include obtaining references, carrying out credit checks and engaging in an enhanced anti-money laundering process. The organisation may wish to be satisfied that a supplier has similar anti-bribery controls in place. Contractual provisions may include a requirement to comply with the organisation's antibribery policy, clear provisions on when payment will be made and termination provisions. 5. Policy Implementation The organisations' policies must be communicated to employees and also to those carrying out services on the organisation's behalf. The organisation should consider providing basic training to its employees and even to e.g. contractors where this is identified as being appropriate. Certain employees may require a higher level of training e.g. those who travel abroad for business. Refresher training at intervals may be appropriate in the same way that health and safety training is repeated. Employees and service providers need to be clear about the consequences of engaging in appropriate conduct e.g. immediate termination and referral to the Serious Fraud Office. 6. Monitoring and Review Procedures should be monitored and reviewed to ensure that they remain effective and relevant to the organisation's business. Monitoring take place alongside existing compliance systems and may include a "red flag" whereby unusual activity is highlighted e.g. a request for a large amount of petty cash. 35 Appendix 3 Table of contents 1. Introduction........................................................................................................4 2. Disposals General.............................................................................................4 3. Disposal of IT Assets……………………………………………………………….6 4. Billing Procedures..............................................................................................7 Appendix 1 - REQUEST TO DISPOSE OF EQUIPMENT....................................8 36 Appendix 3 PROCEDURE FOR DISPOSAL/SALE OF SURPLUS ASSETS 1. Introduction 1.1 This procedure relates to Sales; Part Exchanges and Condemned Items. 1.2 Responsibility for the notification of proposed disposals is with each Departmental Manager who will liaise with the Director of Operations or the Head Estates regarding any temporary storage or security requirements. 1.3 Specific guidance applies to the Disposal of IT assets and is detailed in Section 3. 2. Disposals- General 2.1 The Departmental Manager must in all instances of disposal complete the form at Appendix I. He/She must be an authorised officer on the Trusts Delegation List which is maintained by the Technical Accounts Section in Trust Finance. 2.2 The form requests the following information to be completed: a description of the item, including its size, weight, age etc. date of purchase the serial number the name of the manufacturer the asset tag number/bar code (EBME Code) the condition of the item, whether it has been checked for safety, details of its maintenance history, hazard notices, or whether it is being condemned * the net book value of the item (obtained from the Capital Accountant) & estimated proceeds at disposal financial coding of the Capital /Revenue or Charitable Fund Item the location of the item details of potential buyers the name of the contact name & requesting the disposal authorization by a delegated officer action by the Procurement Manager (PM)(for PM use only on the reverse of the form) *Liaison with the EBME Electronics Manager is essential and must be followed at all times. (Electronic Items only). The EBME Manager will report relevant condemned items to the Capital Accountant in Finance. 2.3 On completion of the Form (accompanied by a complete inventory of items of applicable) the form will be forwarded to the Deputy Director of Finance. (Not the PM) 2.4 The Deputy Director of Finance, or the Financial Controller (in the DDF absence) will ensure that the form is date stamped on receipt; checked for authorized signatory and request confirmation of the item from the Capital Accountant regarding its Asset Status. 37 2.5 Upon satisfactory completion of the checks the Deputy Director of Finance or the Financial Controller, will authorize the recording of the Disposal. A copy will be sent to ELFS the original will be passed to the Procurement Manager (PM) for formal disposal proceeding to commence. 2.6 The PM must ensure that the process of disposal is in accordance with the Trusts Standing Financial Instructions. Section 24 and the Scheme of Delegation. 2.7 Where it is practical to do so the PM should inspect the goods where possible and determine the most appropriate means of disposal in consultation with specialised officers e.g. Health & Safety Officer, EBME Officer. The PM will ensure that any Part Exchange deals with suppliers provide the best value for money. 2.8 When an item is declared surplus to requirements the PM will circulate across the NHS Trust Network any Equipment or Goods must have a full service/maintenance records and the recipient or purchaser must arrange the collection process and bear the transportation risk. An indemnity for Equipment or Goods will be required on collection. 2.9 If no offers are received the PM will either: in the case of manufacturing or trading sell the item(s) back to the original supplier on mutually acceptable terms arrange for the item(s)to be offered at public auction(possibly on site)via the Contracted Auctioneer use a broker or contractor for scrap etc 2.10 Under no circumstances should items of even negligible value be given away to a third party, and no item should be sold without ascertaining if there is an alternative use for it. 2.11 In the event of any sale of equipment or any other items, the PM will notify the Deputy Director of Finance the Capital Accountant and the EBME Manager by copying the form at App I to all officers. 2.12 The Capital Accountant will ensure that any Profit and Loss or Exchange is promptly and correctly accounted for through the Trusts General Ledger System and the Trusts Fixed Asset System. 2.13 In any event a part exchange of equipment to a manufacturer or supplier requires the completion of the form at App I and must make reference to the purchase of the new goods, the requisition number, date of exchange etc. The form should be sent to the Deputy Director of Finance as normal, with a copy being attached to the Purchase Requisition for processing in the Procurement Department. 2.14 The Director of Operations will ensure that goods for disposal are kept secure at all times pending physical sale. 3. Disposal of IT Assets 3.1 The Head of IT Services will ensure that all IT assets are disposed of in accordance with: a) Trust’s policy for the Disposal/Sale of Surplus Assets, 38 b) Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE), and c) Best practices on ensuring logical assets are irretrievably destroyed during the disposal process. 3.3 The term ‘IT asset’ is used as defined in BSI Code of Practice for Information Security Management BS ISO/IEC 27002:2005 (BS7799). The main types of assets include: a) Physical: e.g. computer equipment, comms equipment, removable media; b) Logical: e.g. databases and data files, application software, systems software. Note that an IT asset can be both physical and logical (e.g. data cd containing a database). 3.4 When a local IT asset (e.g. printer, PC, monitor, etc) is identified as surplus to requirements, it should be returned without delay to IT Services for reuse or disposal. The ‘owner’ should initially notify the IT Helpdesk x83135 and agree method of collection/delivery. The local asset register should be updated accordingly. 3.5 All unused, redundant and outdated equipment should be returned to IT Services where it will be disposed of in the appropriate manner. Some will be used for spares, with the remainder being deemed as regulated ‘WEEE scrap’ and handled appropriately. 3.6 All physical components containing or suspected to contain logical assets (including storage devices such as hard disks and media such as tapes, cds) will be removed from the WEEE scrap and handled separately (see below). 3.7 WEEE scrap will be disposed of through a third party company which is certified by the Environmental Agency under the Control of Pollution Act as registered carriers/disposers of controlled waste. Prior to collection all physical assets will be stored securely. At collection time the processes will be overseen by a senior member of IT Services ensuring a full and complete asset register is compiled. Following collection, the company will supply a Certificate of Disposal identifying each item of equipment by its asset/serial number confirming that the waste has been treated appropriately and disposal/destruction has been carried out in an environmentally sound and correct manner. 3.8 Where it is the Trusts interest to do so kit to be disposed of that was purchased after 13 August 2005,will be returned back to the ‘producers’ rather than through a third-party – similar procedures as those outlined above will be used. 3.9 IT assets will not, under any circumstances, be sold or donated to third parties (e.g. schools, employees, local businesses, etc.) nor will the physical assets be placed in the general rubbish stream (e.g. skips) for disposal in landfill. 3.10 In special circumstances the Trust will dispose of redundant specialist IT equipment through computer brokers, in which case the processes as defined in section 2 must be carried out to determine whether the asset is recorded on the Trust’s capital asset register or not, and the form at Appendix 1 must in all cases be completed. No logical assets must be included in the sale. Additionally assurances must be obtained from the buyer that they will take full responsibility for future correct disposal of the equipment under the WEEE regulations. 3.11 To ensure prevention of unauthorized access to data, all physical components containing or suspected to contain logical assets will be processed according to the 39 intended future use. If a storage device is to be reused outside the IT Services Department, it will be reformatted and overwritten at least 10 times using appropriate software before being prepared for reuse. If a storage device is to be scrapped it will be processed as per WEEE scrap as detailed above but with the additional guarantee that it will be shredded and never reused. 3.12 If in doubt of the status of any IT related equipment regarding disposal please contact the IT Services Helpdesk x83135 who will be pleased to advise. 4. Billing Procedures 4.1 In accordance with the Trusts Standing Financial Instructions the Director of Finance is responsible for designing, maintaining and ensuring compliance with systems for the proper recording, invoicing, collection and coding of all monies due, and for taking appropriate recovery action on all outstanding debts. 4.2 Where the sale of an asset has been agreed, the PM or the IT Manager will be responsible for raising a standard ‘Request for Invoice Form’, the form must be promptly sent to the East Lancashire Financial Services (ELFS) Credit Control Section. The detail on the form must include the Fixed Asset Number when appropriate. 4.3 The price will be the agreed Market Price plus VAT between both parties and acknowledged by signature of the buyer and seller on the inventory/contract of sale drawn up by the PM, a copy of which will be given to the buyer. 4.4 Under no circumstances must the goods leave the premises until the buyers account has been credited and the funds have cleared the Trusts Bank Account. The PM or the IT Manager will verify this with the Credit Controller, Technical Accounts Section. Notification will then be given to the purchaser where an organization handover of goods will take place. 4.5 Debt Recovery procedures will be applied in accordance with the Finance Directorates Policy. 40 REQUEST TO DISPOSE OF EQUIPMENT This form must be forwarded to the Deputy Director of Finance, Strategy and Governance, Park View Offices, RBH on completion TRUST: Directorate Speciality/Ward/Dept. Description of Equipment Date of Purchase Serial Number Manufacturer Current Location Condition (Please ) Very Good Part Exchanged for the purchase of Nature of Disposal if not Part Ex ? RESALE If resale, any potential buyers suggested? Date when Disposal required: made. Arrangements to view Fair Poor Value of P.Ex.£ CONDEMNED SCRAP Please allow at least 4 weeks for arrangements to be Name Please print Tel. No. / E mail Address Are Service Records/Instruction Manuals available? Capital Asset Good Requisition No. YES Capital Asset Number: YES NO NO Donated Asset YES NO Net Book Value £ Estimated Proceeds on Disposal £ COST CENTRE / FUND Income Codes for Proceeds: * To be completed by the Budget/Fund Holder Disposal requested by: Authorised by Departmental Manager ACCOUNT CAPITAL ASSET * REVENUE ITEMS * DONATED ASSET SIGN PRINT NAME & DATE SIGN PRINT NAME & DATE SIGN PRINT NAME & DATE Authorised by Director of Finance 41 For East Lancs Procurement and Trust I.T. Department Use Only Date Request Received Signed – Procurement /IT Manager Finance Book Value £ Month to advertise in Aspel’s Gazette Circulate within Division YES NO Deadline for Offers Disposal Arrangements: Invoice Request Actioned to Finance By:Payment Confirmed Date Date:- Date arranged for the Collection of Goods 42 Appendix 4 KEY PERFORMANCE INDICATORS - ELHT No KPI MEASURE COMPARES INDICATES BENEFIT 1 % of spend by PO. Value of invoices paid to Purchase Orders raised. Level of expenditure under procurement control (ie without PO). 2 % of maverick spend. Value of purchase orders after invoice receipt. Incorrect processes, and potential for ordering of non catalogue items. Supports need for roll out of order system and demand management to drive improved cost control and management information. Improved control and compliance to contract. 3 % of spend under contract. Value of PO items with or without Contract Reference. Use of goods and services outside of contracts. Potential non compliant procurement. 4 % 3 way match (volume and value). Volume and value of invoices matched with PO and Goods Receipt. Effectiveness of procurement controls and goods receipt processes. 5 % of spend mapped to eClass. Value of spend allocated to category area. Purchase from catalogue and approved suppliers. Ability to baseline spend. 6 % of spend via P2P Level of automation and control reached. 7 Procurement Return on Investment (ROI). 8 Procurement Steering Group in place. Number of Requisitions received electronically, and processed via auto create to supplier. Cost of procurement vs value of processed transactions and savings delivered. RAG status. 9 Local Workplan agreed. RAG status. Maturity of Authority to progress procurement agenda. 10 Formal Benefits sign off process in place. Dialogue on process principles. Recorded by RAG status. Maturity of Authority to progress procurement agenda. Contribution of procurement to the Authority. Maturity of Authority to progress procurement agenda. Identifies lost volume and aggregation opportunities. Ensures legally compliant procurement process undertaken. Enables prompt payment. Identifies issues with Goods Receipts process. Provides visibility of spend profile for ongoing commitment to suppliers. Drives process efficiency by automation throughout the process chain. Supports for procurement controls. Enable visibility of procurement opportunity to senior management team. Enable Authority to drive CPS procurement strategy as well as local needs. Ensures Authority has visibility of regional contracts and ability to challenge. 43 No KPI MEASURE COMPARES INDICATES BENEFIT 11 Use of Magic. RAG status. Maturity of Authority to progress procurement agenda. Enables Authority to monitor delivery of procurement projects. 12 RAG status Maturity of Authority to progress procurement agenda. 13 Authority commercial/procurement strategy agreed. Savings benefit. Savings target. Non pay trading gap. Ensures Authority senior management team are engaged with procurement. Cost Improvement Delivery. 14 Systems efficiency savings. Invoice transaction costs. Supply chain improvement. Cohesive supply chain mechanism. 44